• Marriage by fraud and custody of child

The question is for my daughter

She got married in may last year (2015). Its a arranged marriage but the grooms family concealed many facts from us. My daughter is in job in govt bank. the grooms father said that his son is doing business making ladies suits he showed his factory also we all convinced and fixed the marriage.

Even before marriage he is not good behaving with my daughter he many times asked money from her, she is not interested in this marriage at that time also but since sagai (ring ceremony ) has done we convinced her that he will be ok after marriage.

At the time of fixing marriage his father said that he is having two sons only. After marriage when my daughter moved to their house she find two girls (twins) of age around 5 years, on enquiring they said that these are his sisters  on asking why they have not told before marriage they said that since they are born in old age they are ashamed and thus not told before. Though we got angry but we accepted this.

After marriage she came to know that it is his father who is doing business and not her husband and that he is awara (rouge) type of guy. He started misbehaving with her she got suspicious  that he is having affairs with other girls also, he never allowed her to see his mobile she some how came to know that her suspicion is true when she asked about all this he beaten her very badly. we went their and taken her back.  she started living separately in a PG accommodation near her bank she stayed there for more than one month. she wants divorce at that time also but  due to mediation of  family members from both side and on their assurance that  now he will behave properly she again shifted to her in laws house. Though he was somewhat restrained but not changed much, meanwhile she became pregnant though she don't want this baby but again due to family pressure she continued pregancy and now 05 day back she delivered a baby boy.

Now through some distant relative we came to know a serious fraud by them i.e he was married earlier his first wife who is dead and the  girls they claimed to be his sister are his daughter from earlier marriage.

we have not yet informed about his earlier marriage to my daughter as she is recovering (the delivery was caesarian). Though she was not happy earlier also but after knowing this she will not be able to continue this marriage. we also have the opinion that such a person may harm her and  we have decided  to go for divorce.

We are seeking legal advice . we want serious punishment for them as they ruined the life of innocent girl. we are considering not take the custody of baby as this will weaken her chances of getting married again.
Asked 4 months ago in Family Law from Jaipur, Rajasthan
Religion: Hindu
File for divorce on grounds of mental cruelty 

2) assaulting wife amounts to mental cruelty 

3) suppressing facts about earlier marriage , job indicates that husband has committed fraud and cheated his wife 

3) also file 498A case against husband and in laws for acts of cruelty 
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
5.0 on 5.0
1.First of all I feel very sad to learn that your daughter is a victim of marital fraud. Let her be bold as she is innocent in the whole matter.
2. Your daughter can file for Annulment of Marriage due to the fraud, misrepresentation and suppression of truth by her husband.
3. Being a mother of a newly born baby, let her take the custody of her baby and this factor may not be a hindrance to her remarriage. There are so many good people in this world who will be ready to accept her as wife with her baby.
4.Your daughter can claim alimony and maintenance from her husband.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
1) if marriage was based on fraud annulment has to be filed within period of one year of discovery of fraud 

2) if one year has passed then you have to file for divorce on grounds of mental cruelty 

3) in your case marriage was solemnised in May 2015 and fraud discovered soon therafter .

4) hence file for divorce 
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
5.0 on 5.0
1. The remedy for your daughter is to apply for annulment of her marriage as the true facts relating to her husband's marital and employment status were concealed from her prior to marriage. However, this will have to be proved in the court through cogent evidence. 

2. Your daughter can also file a suit to claim compensation for the deceit practiced on her by  her husband.

3. The annulment will not have any bearing on the legal relationship between the child and his biological parents. The child will continue to remain a legal heir to his biological father. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Whether your daughter likes it or not the infant child born to her shall be in her custody only.

You cannot decide about the custody of your child, it is the mother of the child who can make any decision about this.

Since he has suppressed the fact of his previous marriage and begetting children of the previous marriage, which wa material to the present marriage, your daughter can file a petition for annulling the marriage under section 12 of HMA.

She can claim maintenance or one time settlement for her daughter, she may not be eligible for maintenance for herself since she is employed and drawing salary as income.

Your daughter can lodge a criminal complaint against him for the offences of cheating mentioning the suppression of previous marriage details while marrying her and also for the cruelties meted out by him both physical and mental.

She can file a domestic violence case agaisnt him and can claim compensation for cheating her besides maintenance for her child.

Consult an experienced lawyer in the local who shall suggest more such measures and steps. 
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
on searching internet i came to know that their are two ways to end a marriage : annulment and divorce. is it a case of annulment as the marriage was based on lies (fraud).

She can file a petition to annul the marriage  by a decree of nullity on the grounds of suppression of his previous marriage and two children living out of that marriage which is a material fact for marriage.






 what will be the status of newly born baby. If my daughter take the custody of baby, than chances of getting remarried in future may be less (finding a partner who accepts her child  seems less).



He cannot deny the fatherhood of the newly born child out of this relationship, he shall remain biological father for all practical purposes and this child shall be his legitimate child. 

If your daughter decides to remarry then she may have to look for a person who agrees to accept her with her present status.

Legally there is no solution for this. 


T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0

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